The purpose of this chapter is to maintain, preserve and protect certain species of trees and certain mature trees within the City, and to act as a guide when replacement or relocation of certain trees is determined to be necessary. The specific trees to be protected are:

A.

Native trees on undeveloped private property, and on privately owned developed property located within the City adopted Fire Hazard Overlay District map (Fire Hazard Overlay), as defined below.

B.

Heritage trees that are located within privately owned undeveloped properties as defined below.

Additional protection is being afforded such trees because they are natural aesthetic resources that help define the character of the City. Together all these listed trees are worthy of protection in order to preserve the natural environment and to protect the City's native plant life heritage. These trees are unique because of their species and/or size, which add to the distinction, character and environmental quality of the community. It is pertinent to the welfare of the community that such trees be protected from indiscriminate harmful action.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them herein.

A.

"DBH" is the diameter at breast height defined as four feet six inches above the finish grade.

B.

"Destroy" includes any act, including removal, which will cause a protected tree to die or to be in jeopardy including the removal of more than twenty-five (25) percent of the tree canopy or other significant damage as determined by a City-approved certified arborist.

C.

"Director" means the Community Development Director or his/her designee.

D.

"Drip line" is the outer limit of the tree's canopy extended down to ground level.

E.

"Heritage tree" means any species of single- or multi-trunk tree having a cumulative diameter of forty-four (44) inches or greater at DBH, and of significant age, health and quality to be deemed valuable to the aesthetics of the community by a City-approved certified arborist. Excluded from the "Heritage Tree" designation are invasive trees as defined by the California Invasive Plant Council, and trees susceptible to breaking or falling such as the Eucalyptus Blue Gum and/or other tree species identified by a City-approved certified arborist.

F.

"Ladder fuels" means lower parts of a tree that can carry a fire vertically between or within a fuel type.

G.

"Native tree" means any of the listed trees below that has a four-inch in diameter or greater at DBH, as defined above:

1.

California Sycamore;

2.

California Live Oak;

3.

California Black Walnut;

4.

Coastal Scrub Oak.

H.

"Maintain" or "maintenance" means and includes root pruning, trimming, spraying, watering, fertilizing, mulching, treating for disease or injury, or any other similar act, which promotes growth, health, beauty and life of a street or publicly owned tree. This definition also includes the periodic elimination of ladder fuels.

I.

"Protected trees" are: Native Trees and Heritage Trees.

J.

"Protected Tree Replacement Fund" means a fund established by the City Council for the explicit purpose of mitigating the loss of protected trees by providing a mechanism to replace protected trees throughout the City and to serve as an option to the replacement of trees on a specific parcel of private property.

K.

"Remove" includes any act to eliminate or destroy a protected tree as defined in Section 16.90.020.B.

L.

"Relocation" is the removal and replanting of a protected tree, subject to an approved Tree Protection, Replacement and Mitigation Plan.

M.

"Tree Protection, Replacement and Mitigation Plan" or "Tree Plan" is a plan from a City approved certified arborist that analyzes the potential impact of development on existing trees; the current health and/or structural stability of existing trees; the restorative or remedial measures for mitigation of potential or actual development impacts to existing trees, and the probability of long-term success of replacement trees. The locations of all protected trees to remain or to be removed shall be indicated on the Tree Plan. The ongoing maintenance, if required, is also included in this plan.

N.

"Tree Removal and/or Relocation Permit" or "tree permit" as used in this chapter, is the permit required by this chapter.

O.

"Undeveloped land" as defined by Chapter 16.02.330 of the Chino Hills Municipal Code.

P.

"Urban forestry" means the ecology of native and non-indigenous plantings creating a forest in the human living environment, and emphasizing the practice of wise, professional, planned management of all tree resources within an urban area for multiple use and benefit of the entire community.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

Protected trees in the following situations are exempt from the provisions of this chapter:

A.

Protected trees located on privately owned developed properties not located within the Fire Hazard Overlay.

B.

Protected trees located on privately owned developed properties located within the Fire Hazard Overlay that are not visible from adjacent public or private rights-of-way, public or private streets, and public or private parks or trails.

C.

Protected trees that are determined by the Director to create a safety hazard or are damaging public improvements.

D.

City trees removed pursuant to a valid tree permit issued pursuant to Chapter 12.26.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

It is unlawful for any person, firm, partnership, corporation or other legal entity to destroy or remove any non-exempt protected trees within the City without a tree permit. When a tree permit is required, no grading or building permits shall be issued until the tree permit is issued, nor shall work of any kind commence that would result in the destruction, damage, or removal of any non-exempt protected tree prior to the issuance of the tree permit.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

An application to remove, or relocate a protected tree on undeveloped land or on privately owned developed property located within the Fire Hazard Overlay shall be submitted at the same time as any application for the development of land, unless the Director deems otherwise. An application to remove or relocate a protected tree from undeveloped land shall include the following:

A.

A written statement indicating the reason for the removal, or relocation of protected tree(s).

B.

The location of all trees within the proposed development area of the project site, indicating trees to be removed, relocated and retained by species, trunk diameter (DBH), height, drip line, and health.

C.

Photographs of the proposed trees to be removed or relocated, including photographs of any conditions supporting cause for removal.

D.

A written technical report from a City approved certified arborist regarding the health and value of proposed trees for removal; along with their tagged numbers and sizes and information, if determined necessary by the Director.

E.

Soil erosion and sediment control plan consistent with Chapter 16.54 of the Chino Hills Municipal Code, if determined necessary by the Director.

F.

A Tree Protection, Replacement and Mitigation Plan from a City approved certified arborist shall be provided unless the Director determines a Tree Plan unnecessary.

G.

A fee in an amount as established by resolution of the City Council.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

The director shall only grant a tree permit if at least one of the following findings is made:

A.

The condition of the protected tree(s) with respect to disease, danger of falling, proximity to proposed or existing structures, and interference with utility services warrant removal or relocation of the tree.

B.

It is reasonable to remove or relocate the protected tree(s) because of its (their) continued existence at the location unreasonably prevents the development of the property because:

1.

Only an oddly-configured primary structure could be constructed.

C.

The protected tree(s) removal or relocation is consistent with good urban forestry practices, such as the number of healthy trees that a given parcel of land will support.

D.

The protected tree(s) is (are) declared by a City approved certified arborist to be dead or dying.

E.

The proposed removal or relocation of the protected tree(s) will substantially improve the defensible space of the property in the event of a fire as determined by the Fire Department (as that term is defined by Title 8 of the Municipal Code).

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

The City Council may adopt and periodically revise an administrative policy to guide the Director in implementing this chapter relative to the replacement, relocation or mitigation of protected trees. A tree permit that results in the removal of a protected tree shall be subject to the provisions of this chapter and applicable administrative policy and may include, but shall not be limited to, the following:

A.

An approved Tree Plan that includes protection and maintenance of protected trees to be retained or relocated on site, including during construction of any project or structure subject to the approved Tree Plan.

B.

Tree mitigation with a minimum replacement ratio of trees or other replacement of equivalent value and size, within the subject property, as determined by an approved Tree Plan or any required tree protection mitigation measures included in any applicable project application, initial study, mitigated negative declaration, environmental impact report and mitigation monitoring plan, the conditions of the development approval, or the applicable administrative policy.

The replacement ratio may be expanded or reduced as determined by the Director if the expanded or reduced ratio is consistent with any mitigation measure in a mitigated negative declaration or environmental impact report, and the Director makes at least one of the following additional findings:

1.

An expanded or reduced replacement ratio is consistent with the purposes of this chapter.

2.

A reduced replacement ratio is appropriate because the protected tree(s) in question are located where the impact of the tree removal on the community is limited and a compensating payment is made to the City's Protected Tree Replacement Fund.

C.

When on-site features, project constraints, and/or other considerations exist which prevent reasonable on-site relocation, relocation to an approved off-site location may be permitted. Off-site location of mitigation trees must be in City-accessible areas via public easements or City ownership. Off-site locations may not be on private property.

D.

A plan acceptable to the Director to ensure that the topography of the land and the effect of the tree removal will not cause soil erosion or increase flows of surface waters.

E.

A maintenance plan that includes maintenance measures for each retained, replaced and/or relocated tree for a minimum period of five (5) years. The owner shall record a maintenance covenant, pursuant to Chapter 16.84 or any other applicable law, approved as to form by the City, against the property to that subsequent property owners are bound by this condition. It is the property owner's responsibility to request the removal of any such covenant from record once the maintenance period ends, and the City shall not unreasonably withhold consent for such removal. If during the required maintenance period the tree(s) is (are) declared unhealthy by a City approved certified arborist, the diseased trees shall be removed and replaced at the cost of the owner. The size of the replacement trees shall be determined by the Director or applicable administrative policy. A performance guarantee may also be required in accordance with Section 16.90.110.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

All pruning and maintenance of protected trees shall follow proper arboriculture practices as outlined within the International Society of Arboriculture Pruning Standards.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

The

tree permit shall be exercised within one year of the issuance of the permit. Time extensions, for up to a total of two (2) additional years, may be granted by the Director. If a tree permit is not exercised within the established time frame, and a time extension is not granted, the tree permit will expire and will no longer be valid for the removal or relocation of a protected tree(s).

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

A tree permit may be revoked or modified pursuant to the procedures set forth in Section 16.58.080 of this Code if any of the following findings are made:

A.

The original findings resulted from misrepresentation or fraud.

B.

The requirements of the tree permit have not been implemented in a timely manner.

C.

The tree permit holder's activities are in violation of any code, law, ordinance or statute.

D.

The tree permit holder's activities are detrimental to public health, safety, or welfare or constitute a nuisance.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

A tree permit applicant may be required to provide adequate performance security for the faithful performance of conditions of approval imposed as part of the tree permit.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

Notwithstanding any other provision of this Code, any appeal of actions and decisions of the Director authorized by this chapter shall be filed in writing with the City Clerk within ten (10) working days after the action or decision. The appeal shall state the grounds for such appeal, shall specify the factual basis for the appeal and shall be signed by the applicant. The appeal shall be heard by the City Manager, or by his or her designee, as the hearing officer. Notice of the hearing shall be sent by certified or registered mail to the appellant (unless such mail is refused or unclaimed, then the City shall subsequently send the mail via first class postage prepaid mail and such mailing shall be deemed actual service.) Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. The decision of the hearing officer shall be final.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

Notwithstanding the requirements of this chapter, in the case of an emergency caused by a protected tree being in a hazardous or dangerous condition posing an immediate threat to person or property, the Director, Public Works Director, or any member of the Police Department or Fire Department (as that term is defined in Title 8 of this Code) may authorize removal of such a tree.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)

A.

In addition to any other penalties provided by law, violations of this chapter may be subject to administrative citation in accordance with Chapter 1.18.

B.

In addition to any other penalties provided by law, violations of this chapter may be abated as a public nuisance and the City's costs of abatement recovered in accordance with Chapter 1.36.

C.

Notwithstanding any other provision of law, no development permit of any kind, including but not limited to, any grading permit, building permit or certificate of occupancy, shall be issued for any lot on which one or more protected trees have been removed or relocated in violation of the provisions of this chapter, unless and until the owner of such lot has been issued a tree permit in accordance with this chapter.

(Ord. No. 347, § 5(Exh. A), 1-28-2020)